Published: March 3, 2021 Jenifer deWolf Paine Fish & Richardson P.C. New York, New York, USA International Amicus Committee—U.S. Amicus Subcommittee The U.S. Court of Appeals for the Sixth Circuit accepted the position advocated by INTA in Ohio State University v. Redbubble, Inc. (No. 19-3388, Feb. 25, 2021), which addressed whether Redbubble is responsible for direct trademark infringement when counterfeit goods featuring Ohio State’s trademarks are sold through its website. The District Court had rejected Ohio State’s complaint because it held that Redbubble was a mere intermediary and therefore not the seller of the goods. INTA had argued—and the Sixth Circuit agreed—that the District Court applied too narrow a construction of what constitutes “use” under the Lanham Act for purposes of assessing direct infringement. Further review was required to determine the degree of control that Redbubble exercised over counterfeit products sold on its site.